Just a Lawyer in Lincoln's Hometown

May 31, 2012

Bankruptcy issues relating to personal injury cases | Illinois State Bar Association

Bankruptcy issues relating to personal injury cases | Illinois State Bar Association.By  Brett J. Swanson

Despite difficult economic times, the American Bankruptcy Institute has noted the number of bankruptcy filings has dropped across the country. However, a recent opinion from the Illinois Appellate Court confirms that trial lawyers from both sides of the bar should be aware that bankruptcy filings can, and will, impact your case. In Berge, the First District found that the doctrine of judicial estoppel bars a plaintiff from proceeding with a cause of action in state court where the plaintiff fails to disclose the action as an asset in a bankruptcy petition. Berge v. Kuno Mader and DMG America, Inc., 354 Ill.Dec. 374, 957 N.E.2d 968 (1st Dist. 2011).

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Mr. Swanson is a smart guy. Thanks to ISBA for publishing this. Go read the full article in the Bar Journal. The federal courts here in the 7th Cir. will apply judicial estoppel to inchoate civil rights claims. Which is why I learned to, and now ask my prospective employment clients whether they have ever filed a bankruptcy claim!

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May 7, 2011

A month into the virtual practice.

Filed under: Law Practice — Chuck @ 8:41 am
Tags: ,

So far, so good!
I love the commute – 10 steps!
Getting the mail, going to the courthouse, etc. are a pain, but the errands keep me from being a hermit.
I forgot how many trees lawyers kill. The original piece of paper, a copy for me, a copy for the other side, a copy to keep in the file in case the originals are lost, it goes on and on. All on one side of the page double spaced, so everything takes 2-3 times as much paper as is necessary. What a waste! (I’ve eliminated some of this by imaging everything, but not all.)
Having to make good use of note taking, to-do lists, etc. With only me, and my porous memory, and no assistant, to track things, my use of electronic memory aids has become uber-important.
I think most of my clients are liking the personal attention, but still miss my old paralegal.
Adjustments, adjustments!

Chuck from Watson Law, LLC

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